Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Rule 6.74A, 35650-35652 [2013-14000]
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35650
Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices
By the Commission.
Shoshana M. Grove,
Secretary.
(MC2010–34) product on the
competitive product list. Notice at 3.
II. Contents of Filing
[FR Doc. 2013–14020 Filed 6–12–13; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2013–65; Order No. 1740]
New Postal Product
Postal Regulatory Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Commission is noticing a
recent-filed Postal Service request to
add an additional negotiated service
agreement with Germany’s foreign
postal operator, Deutsche Post. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: June 14,
2013.
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Contents of Filing
III. Commission Action
IV. Ordering Paragraphs
tkelley on DSK3SPTVN1PROD with NOTICES
I. Introduction
On June 6, 2013, the Postal Service
filed a notice, pursuant to 39 CFR
3015.5, stating that it has entered into
an additional negotiated service
agreement (Agreement) with Germany’s
foreign postal operator, Deutsche Post.1
The Postal Service seeks to have the
inbound portion of the Agreement,
which concerns delivery of inbound Air
and Surface CP 2 and EMS in the United
States, included within the Inbound
Competitive Multi-Service Agreements
with Foreign Postal Operators 1
1 United
States Postal Service Notice of Filing
Functionally Equivalent Inbound Competitive
Multi-Service Agreement with a Foreign Postal
Operator (Deutsche Post), June 6, 2013 (Notice).
2 ‘‘CP’’ is an abbreviation used to identify or
reference international parcel post (from the French
phrase colis postaux, ‘‘postal package’’).
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16:58 Jun 12, 2013
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The Postal Service’s filing consists of
the Notice, redacted financial
workpapers, and four attachments.
Attachment 1 is a redacted copy of the
Agreement. Attachment 2 is the certified
statement required by 39 CFR
3015.5(c)(2). Attachment 3 is a redacted
copy of Governors’ Decision No. 10–3.
Attachment 4 is an application for nonpublic treatment of material.
The Agreement’s intended effective
date is July 1, 2013. Id. at 2. The rates
for inbound Air and Surface CP and
EMS included in the Agreement are to
remain in effect until either party
terminates the Agreement in accordance
with Article 9. Attachment 1 at 3.
Article 9 permits either party to
terminate the Agreement at the end of
a calendar quarter without cause upon
90 days written notice. Id.
The Notice reviews the regulatory
history of the Inbound Competitive
Multi-Service Agreements with Foreign
Operators 1 product and identifies the
agreement with Koninklijke TNT Post
BV and TNT Pakketservice Benelux BV
(approved in Docket No. CP2010–95) as
the baseline agreement for purposes of
determining functional equivalence.3 Id.
at 2–3. It asserts that the Agreement fits
within applicable Mail Classification
Schedule language and addresses
functional equivalency with the
baseline agreement, including similarity
of cost characteristics. Id. at 4–5. The
Postal Service also identifies differences
between the Agreement and the baseline
agreement, such as the addition of
several articles, revisions to existing
articles, and new annexes, but asserts
that these differences do not detract
from a finding of functional
equivalency. Id. at 5–8.
III. Commission Action
Notice of establishment of docket. The
Commission establishes Docket No.
CP2013–65 for consideration of matters
raised by the Notice. The Commission
appoints James F. Callow to serve as
Public Representative in this docket.
Interested persons may submit
comments on whether the Postal
Service’s filing in the captioned docket
is consistent with the policies of 39
U.S.C. 3632, 3633, and 3642 and the
3 The Postal Service identifies Governors’
Decision No. 10–3 as the enabling Governors’
Decision. Id. at 5. The status of the TNT Agreement
as the baseline agreement was confirmed in Docket
No. CP2011–69, Order No. 840, Order Concerning
an Additional Inbound Competitive Multi-Service
Agreements with Foreign Postal Operators 1
Negotiated Service Agreement, September 7, 2011.
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
requirements of 39 CFR parts 3015 and
3020. Comments are due no later than
June 14, 2013. The public portions of
this filing can be accessed via the
Commission’s Web site (https://
www.prc.gov). Information on obtaining
access to sealed material appears in 39
CFR part 3007.
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. CP2013–65 for consideration of
matters raised by the Postal Service’s
Notice.
2. Pursuant to 39 U.S.C. 505, James F.
Callow is appointed to serve as an
officer of the Commission (Public
Representative) to represent the
interests of the general public in this
proceeding.
3. Comments are due no later than
June 14, 2013.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013–14062 Filed 6–12–13; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69716; File No. SR–CBOE–
2013–060]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to Rule 6.74A
June 7, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 31,
2013, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to delay the
operative date of a recent change to Rule
1 15
2 17
E:\FR\FM\13JNN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
13JNN1
Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices
6.74A. There are no proposed changes
to the rule text.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
tkelley on DSK3SPTVN1PROD with NOTICES
1. Purpose
On May 2, 2013, the Exchange
submitted a rule change, which became
effective on that date, to amend Rule
6.74A related to the Automated
Improvement Mechanism (‘‘AIM’’) to
provide Trading Permit Holders that
initiate an AIM auction with the option
to auto-match competing prices from
other market participants up to a
designated limit price.3 The proposed
rule change in that filing became
effective on filing and was set to become
operative on June 1, 2013.
The purpose of this rule filing is to
delay the operative date of the change
to Rule 6.74A in rule filing SR–CBOE–
2013–048 until CBOE has completed the
necessary changes to its system to
implement this new AIM feature. The
Exchange will announce the
implementation date of the proposed
rule change in a Regulatory Circular to
be published no later than 90 days
following the effective date. The
implementation date will be no later
than 180 days following the effective
date.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.4 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 5 requirements that the rules of
3 Securities Exchange Act Release No. 34–69528
(May 7, 2013), 78 FR 28265 (May 14, 2013) (SR–
CBOE–2013–048).
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
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16:58 Jun 12, 2013
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an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 6 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
that delaying the operative date of this
change to AIM will protect investors
because it will provide the Exchange
with sufficient time to complete its
system work and perform sufficient
testing that is necessary to ensure that
this new AIM feature will function as
described in rule filing SR–CBOE–2013–
048.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. This
proposed rule change delays the
operative date of the change to AIM for
all Trading Permit Holders, and the
Exchange will announce the new
operative date in a Regulatory Circular
that is available for all Trading Permit
Holders. Additionally, following the
new operative date of the change to
AIM, any Trading Permit Holder that
initiates an AIM auction will have the
option to use the new feature to automatch up to a limit price.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not:
i. Significantly affect the protection of
investors or the public interest;
ii. Impose any significant burden on
competition; and
6 Id.
PO 00000
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Fmt 4703
Sfmt 4703
35651
iii. Become operative for 30 days from
the date on which it was filed, or such
shorter time as the Commission may
designate, it has become effective
pursuant to Section 19(b)(3)(A) of the
Act 7 and Rule 19b–4(f)(6) 8 thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 9 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),10 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest.
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange notes that the
proposed rule change should provide
the Exchange with sufficient time to
complete the necessary system work
and perform sufficient testing to ensure
that this new AIM feature functions as
described in rule filing SR–CBOE–2013–
048 upon implementation. The
Commission believes that the waiver of
the operative delay is consistent with
the protection of investors and the
public interest. The Commission also
notes that the filing introducing this
new functionality, SR–CBOE–2013–048,
was subject to a 30-day operative delay,
and the Commission did not receive any
comments on that proposal.
Accordingly, the Commission hereby
designates the proposal operative upon
filing.11
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
7 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of the filing of the proposed rule,
or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
9 Id.
10 17 CFR 240.19b–4(f)(6)(iii).
11 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
8 17
E:\FR\FM\13JNN1.SGM
13JNN1
35652
Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices
Comments may be submitted by any of
the following methods:
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–CBOE–2013–060 on the
subject line.
[Release No. 34–69712; File No. SR–
NASDAQ–2013–076]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Make a
Clerical Correction to the Nasdaq
Rulebook
June 6, 2013.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
tkelley on DSK3SPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–CBOE–2013–060. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–CBOE–
2013–060, and should be submitted on
or before July 5, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–14000 Filed 6–12–13; 8:45 am]
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1, and Rule 19b–4 thereunder,2
notice is hereby given that on May 28,
2013, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to make a
clerical correction to the Nasdaq
rulebook.
The text of the proposed rule change
is below; proposed new language is
italicized; proposed deletions are in
brackets.
*
*
*
*
*
4120. Limit Up-Limit Down Plan and
Trading Halts
(a) No Change
(b) No Change
(c) Procedure for Initiating a Trading
Halt
(1)–(6) No Change
(7)(A) No Change
(B) A trading halt initiated under Rule
4120(a)(7) shall be terminated when
Nasdaq releases the security for trading.
Prior to terminating the halt, there will
be a 15-minute Display Only Period
during which market participants may
enter quotes and orders in that security
in Nasdaq systems. In addition,
beginning at [7]4:00 a.m., market
participants may enter Market Hours
Day Orders in a security that is the
subject of an Initial Public Offering on
Nasdaq and designate such orders to be
held until the beginning of the Display
Only Period, at which time they will be
entered into the system. At the
conclusion of the 15-minute Display
Only Period, the security shall be
released for trading unless Nasdaq
BILLING CODE 8011–01–P
1 15
12 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
16:58 Jun 12, 2013
2 17
Jkt 229001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00051
Fmt 4703
Sfmt 4703
extends the Display Only Period for up
to six additional 5-minute Display Only
Periods pursuant to subparagraph (C) or
(D) below. At the conclusion of the
Display Only Period(s), there shall be an
additional delay of between zero and 15
seconds (randomly selected) and then
trading shall resume pursuant to Rule
4753.
(C)–(D) No Change
*
*
*
*
*
(b) Not applicable.
(c) Not applicable.
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On March 5, 2013, the Exchange filed
a proposed rule change to extend the
pre-market hours of the Exchange to
4:00 a.m. EST, from the current opening
time of 7:00 a.m. EST (the ‘‘4 a.m.
Filing’’).3 The changes proposed in that
filing became operative on March 18,
2013. The change to the text of rule
4120(c)(7)(B) was inadvertently omitted
from that filing. The purpose of this
filing is to change the reference to ‘‘7
a.m.’’ in rule 4120(c)(7)(B) to ‘‘4:00
a.m.’’ in order to make it consistent with
the other changes in the 4 a.m. Filing.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 4 in general, and furthers the
objectives of Section 6(b)(5) of the Act 5
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
3 See Securities Exchange Act Release No. 69151
(March 15, 2013), 78 FR 17464 (March 21, 2013)
(SR–NASDAQ–2013–033).
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35650-35652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14000]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69716; File No. SR-CBOE-2013-060]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Rule 6.74A
June 7, 2013.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 31, 2013, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to delay the operative date of a recent
change to Rule
[[Page 35651]]
6.74A. There are no proposed changes to the rule text.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On May 2, 2013, the Exchange submitted a rule change, which became
effective on that date, to amend Rule 6.74A related to the Automated
Improvement Mechanism (``AIM'') to provide Trading Permit Holders that
initiate an AIM auction with the option to auto-match competing prices
from other market participants up to a designated limit price.\3\ The
proposed rule change in that filing became effective on filing and was
set to become operative on June 1, 2013.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 34-69528 (May 7, 2013),
78 FR 28265 (May 14, 2013) (SR-CBOE-2013-048).
---------------------------------------------------------------------------
The purpose of this rule filing is to delay the operative date of
the change to Rule 6.74A in rule filing SR-CBOE-2013-048 until CBOE has
completed the necessary changes to its system to implement this new AIM
feature. The Exchange will announce the implementation date of the
proposed rule change in a Regulatory Circular to be published no later
than 90 days following the effective date. The implementation date will
be no later than 180 days following the effective date.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \5\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
\6\ Id.
---------------------------------------------------------------------------
In particular, the Exchange believes that delaying the operative
date of this change to AIM will protect investors because it will
provide the Exchange with sufficient time to complete its system work
and perform sufficient testing that is necessary to ensure that this
new AIM feature will function as described in rule filing SR-CBOE-2013-
048.
B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. This proposed rule change
delays the operative date of the change to AIM for all Trading Permit
Holders, and the Exchange will announce the new operative date in a
Regulatory Circular that is available for all Trading Permit Holders.
Additionally, following the new operative date of the change to AIM,
any Trading Permit Holder that initiates an AIM auction will have the
option to use the new feature to auto-match up to a limit price.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not:
i. Significantly affect the protection of investors or the public
interest;
ii. Impose any significant burden on competition; and
iii. Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \7\ and
Rule 19b-4(f)(6) \8\ thereunder.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of the filing of the
proposed rule, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------
\9\ Id.
\10\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange notes that the proposed rule change should provide
the Exchange with sufficient time to complete the necessary system work
and perform sufficient testing to ensure that this new AIM feature
functions as described in rule filing SR-CBOE-2013-048 upon
implementation. The Commission believes that the waiver of the
operative delay is consistent with the protection of investors and the
public interest. The Commission also notes that the filing introducing
this new functionality, SR-CBOE-2013-048, was subject to a 30-day
operative delay, and the Commission did not receive any comments on
that proposal. Accordingly, the Commission hereby designates the
proposal operative upon filing.\11\
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\11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.
[[Page 35652]]
Comments may be submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-CBOE-2013-060 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2013-060. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CBOE-2013-060,
and should be submitted on or before July 5, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-14000 Filed 6-12-13; 8:45 am]
BILLING CODE 8011-01-P
